| 02A01-9707-CV-00152
02A01-9707-CV-00152
Originating Judge:R. Lee Moore Jr. |
Lake County | Court of Appeals | 02/17/98 | |
| 01S01-9705-CV-00100
01S01-9705-CV-00100
|
Supreme Court | 02/17/98 | ||
| Karen Farmer v. Zurich-American Insurance Co.
01S01-9706-CV-00135
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The plaintiff alleged that during the course of her employment by Porter Paints she contracted asthma, an occupational disease, which resulted in partial, permanent physical disability, all of which was denied by the defendant. The trial judge found that the plaintiff suffered occupational asthma, causing her to be 5 percent permanently partially disabled and benefits were awarded accordingly. The issue presented for review is whether the finding of job-related asthma is supported by a preponderance of the evidence. I The plaintiff was initially employed by Porter paints in 1991 as a decorator. About one year later, she was transferred to a Broadway store in Nashville, which catered to commercial customers. This store prepared two- part industrial paints, referred to as epoxies, one part of which, hythane, contained a chemical known as hexamethylene diisocyanate [HDI]. an isocyanate. In 1993, the Broadway store compounded a large quantity of hythane for a customer who had contracted with Vanderbilt University to paint its stadium. The plaintiff became ill, attended by coughing and wheezing, shortness of breath and congestion. Her family physician diagnosed bronchitis, prescribed antibiotics, and recommended absence from work for one week. Upon her return, she experienced a severe episode of wheezing and shortness of breath and was instructed to leave the store. She was thereupon referred to a pulmonary specialist, Dr. Eric Dyer, who made a tentative diagnosis of asthma caused by exposure to TDI, an isocyanate commonly found in paints. 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. Ernest Pellegrin, |
Davidson County | Workers Compensation Panel | 02/17/98 | |
| State vs. Glenn Bernard Mann
02S01-9609-CC-00077
|
Supreme Court | 02/17/98 | ||
| State vs. Eronia Neal
W1999-01194-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Originating Judge:Joseph B. Dailey |
Shelby County | Court of Criminal Appeals | 02/15/98 | |
| Joseph Nolen v. Amy Nolen
M2002-00138-COA-R3-CV
Authoring Judge: Judge Don R. Ash
Originating Judge:Donald P. Harris |
Hickman County | Court of Appeals | 02/14/98 | |
| Tommy Horton Tate vs. State
03C01-9707-CR-00264
Originating Judge:E. Eugene Eblen |
Morgan County | Court of Criminal Appeals | 02/13/98 | |
| Billy Aldridge vs. State
01C01-9704-CR-00142
|
Davidson County | Court of Criminal Appeals | 02/13/98 | |
| State vs. Maurice Johnson
03C01-9705-CR-00175
Originating Judge:Richard R. Baumgartner |
Knox County | Court of Criminal Appeals | 02/13/98 | |
| Hollis vs. Hollis
01A01-9704-CH-00178
Originating Judge:Henry Denmark Bell |
Williamson County | Court of Appeals | 02/13/98 | |
| William Allen Frazier v. Landair Services, Inc.
03S01-9706-CV-00064
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The plaintiff alleged in his petition that he was injured while unloading a trailer while in the employment of the defendant.1 The defendant filed a Motion for Summary Judgment supported by affidavits, and the plaintiff answered the motion by filing affidavits also. The trial judge granted summary judgment to the defendant and dismissed the plaintiff's petition. We affirm the judgment. The issue raised in this case is whether the plaintiff was an employee of the defendant and thus entitled to recover workers' compensation benefits for his injury. The structure of the relationship between the plaintiff and the defendant was derived from the employment of the plaintiff as a driver with a company known as Central Trucking, Inc. Landair Transport, Inc. entered into a contract with Central Trucking whereby Central Trucking would tow the defendant's trailers on shipments to the defendant's customers. The contract provided that the employees of Central Trucking would not be employees of the defendant. The plaintiff contended in his petition and affidavit that he was injured while unloading a trailer for the defendant and that all unloading fees were negotiated between him and a terminal manager of the defendant. The plaintiff claims this created an employer-employee relationship between him and the defendant. One of the owners of Central Trucking filed an affidavit in support of the plaintiff's claim that the amount to be paid for unloading was negotiated between the plaintiff and the defendant. The trial judge considered the affidavits, the contract between the defendant and Central Trucking, and various documents filed in support of and in opposition to the Motion for Summary Judgment. After reviewing the documents and hearing 1 It appears the actual defendant relevant to this case is Landair Transport, Inc. frazier.wc 2
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. John Mcclellan, III, |
Knox County | Workers Compensation Panel | 02/13/98 | |
| 01C01-9612-CR-00507
01C01-9612-CR-00507
Originating Judge:Seth W. Norman |
Davidson County | Court of Criminal Appeals | 02/13/98 | |
| Child Support Svcs. vs. Russell
01A01-9706-JV-00267
Originating Judge:Andrew J. Shookhoff |
Davidson County | Court of Appeals | 02/13/98 | |
| Little, et. al. vs. Hogan, et. al.
01A01-9707-CV-00291
|
Court of Appeals | 02/13/98 | ||
| Sherrell vs. Sherrell
01A01-9703-CH-00131
Originating Judge:Jim T. Hamilton |
Lawrence County | Court of Appeals | 02/13/98 | |
| Sanders, et. ux. vs. Mansfield, et. al.
01A01-9705-CH-00222
Originating Judge:Ben H. Cantrell |
Lincoln County | Court of Appeals | 02/13/98 | |
| Karr vs. Gibson
01A01-9605-CH-00220
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 02/13/98 | |
| Charles Orren vs. State
03C01-9704-CR-00141
Originating Judge:Lynn W. Brown |
Johnson County | Court of Criminal Appeals | 02/13/98 | |
| Culp vs. J.B. Hinson & Pevahouse
01A01-9707-CV-00307
Originating Judge:Jim T. Hamilton |
Wayne County | Court of Appeals | 02/13/98 | |
| Carson vs. Agri-Products Special Markets
01A01-9708-CV-00420
|
Montgomery County | Court of Appeals | 02/13/98 | |
| West vs. Dept. of Correction, et. al.
01A01-9706-CV-00243
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 02/13/98 | |
| State vs. Kenneth Johnson
02C01-9612-CR-00476
Originating Judge:James C. Beasley, Jr. |
Shelby County | Court of Criminal Appeals | 02/12/98 | |
| Robert Martin vs. Union Planters
02A01-9708-CV-00179
Originating Judge:Robert A. Lanier |
Shelby County | Court of Appeals | 02/12/98 | |
| State vs. Raymond Jones
02C01-9705-CC-00162
|
Madison County | Court of Criminal Appeals | 02/12/98 | |
| State vs. Steven Culps
02C01-9705-CC-00163
|
Madison County | Court of Criminal Appeals | 02/12/98 |
